Amy Ralph Mudge

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The 13th Public Commission Meeting – an AI Study About Online Scams and, Yes, Another Policy Statement

We spend many of our working hours – and far too many of our nonworking hours – talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish the agency would issue yet another policy statement.” With that, we turn … Continue Reading

May 2022 Public Commission Meeting – Meet Commissioner Bedoya, Plus Blasts from the Past, Endorsements and an FTC Legend

In February 2020, the Federal Trade Commission (FTC) announced that it was going to reexamine the Endorsements and Testimonial Guides (Guides) and sought comment on whether and how the Guides should be changed, including addressing issues involving reviews, affiliate links, children’s perceptions and changes in technology. Two very long years later, the FTC has proposed … Continue Reading

What’s in a Label – Three Takeaways from the FTC’s First Enforcement Action Brought Under the New Made in the USA Rule

Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product labels. In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which … Continue Reading

Bamboozling Part II: The FTC Brings Back Retro Penalty Offense Letters like Bell Bottoms and Big Hair

What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone eras for help in getting money in its enforcement cases. Much virtual ink … Continue Reading

The Future’s So Bright, I Gotta Wear BluBlockers – A Walk Through Advertising History

The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that were on heavy rotation in the 1980s and early ’90s. For younger readers, BluBlockers were ultra-cool sunglasses that promised … Continue Reading

What is a PFAS, and Why Should I Care?

We are bombarded with countless abbreviations every day – CPPA, GLBA, MSRP, SARS and BPA, to name just a few. Time to add one more to the list. Per- and polyfluoroalkyl substances, colloquially known as PFAS, are a class of more than 4,700 chemical compounds, the components of which break down very slowly over time. … Continue Reading

Leveling Up: Advertising to Children Through Video Games

Video games have come a long way from the days of Atari’s Pong; today’s games can contain fully immersive worlds complete with brand partnerships. Video game platforms, such as Roblox, which boasts over 100 million active users in its virtual world, can reach swaths of potential brand loyalists. For many companies and brands, video game … Continue Reading

A Return to Substance: The 8th Public Commission Meeting Kicks Off Yet Another Mag-Moss Rulemaking

Having recovered from the exceedingly lackluster seventh Federal Trade Commission (FTC) meeting, the two-hour eighth meeting had actual votes and a bit of drama. But be careful what you ask for. We highlighted the lack of consumer turnout at the last meeting, and that was certainly not the case this month – even members of … Continue Reading

Made in USA, Part Three – Materials Not Available in the US

This is our third blog in a series that is examining potential ambiguities in the Federal Trade Commission’s (Commission) Made in USA (MUSA) guidance – ambiguities that become particularly more important now that MUSA claims in labeling are the subject of a new Commission, the violation of which can lead to civil penalties. Suppose a … Continue Reading

Nothing to See Here … Move Along. The Seventh Public Commission Meeting on Identity Theft

Yesterday’s sole topic for the monthly public Federal Trade Commission (FTC) meeting was identity theft. That’s it. No policy statements, no votes, no repeal of carefully crafted bipartisan policy documents, just identity theft, statistics about identity theft and the FTC’s resources about identity theft. It is unclear why we needed a meeting to discuss this … Continue Reading

Brand NFT Advertising Basics, or One for All of Us Who Wanted a Pony Growing Up, Who Don’t Quite Get the NFT Buzz, and Who Really, Really Need a Vacation

This may be one of the best ads in recent memory – an ad promoting visiting Lexington, Kentucky, horse capital of the world. The ad promises to make kids’ holiday dreams come true with the opportunity to buy “Non Fungible Thoroughbreds” at VisitLEX. The horses have names like Ol’ Pixel Face, iHorse, OpenSea Biscuit, Notta … Continue Reading

Why Settle for Taco Tuesday When You Can Have Recurring Tacos – But Is Your Subscription Compliance Program Soft?

Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services to fill our entertainment needs and for home workout subscriptions to get our sweat on safely. Experts do not forecast … Continue Reading

Auld Lang Syne 2021 – Significant Events of the Past Year

Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our partners to each select two interesting developments from the year. … Continue Reading

Dreaming of Ads for Sugarplums

Leading into the long holiday weekend, we on the BakerHostetler Advertising, Marketing & Digital Media team have lots to be thankful for. Our newest partner, Daniel, has really helped remind us how much we enjoy blogging. As we are pushing off the pandemic languishing, one of our resolutions is to commit to more consistent posts … Continue Reading

Less to the FTC’s Notice of Penalty Offenses Than Meets the Eye?

The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or third look at their practices when it comes to endorsements and testimonials and are beefing up their training and … Continue Reading
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